PC Walls Pty Ltd Summary

[2013] FWCA 7468

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

PC Walls Pty Ltd
(AG2013/2842)

PC WALLS PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 3 OCTOBER 2013

Application for approval of the PC Walls Pty Ltd Roy Hill AWU Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the PC Walls Pty Ltd Roy Hill AWU Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is three and half years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, PC Walls Pty Ltd sought approval of the PC Walls Pty Ltd Roy Hill AWU Greenfields Agreement 2013, which had been negotiated with the Australian Workers' Union. The dispute centred around the validity of the agreement under the Fair Work Act 2009, specifically whether it complied with the requirements for a certified agreement and whether the process of negotiation and agreement was conducted fairly.

The central legal issues were whether the agreement was made in good faith, whether it had been properly negotiated, and whether it contained all the terms and conditions of employment required by the Fair Work Act. Additionally, the court had to consider whether the agreement was likely to have the effect of facilitating the efficient operation of the business.

The Commission determined that the agreement was made in good faith and that the negotiation process was fair and transparent. It found that the agreement contained all necessary terms and conditions of employment and would facilitate the efficient operation of the business. The Commission concluded that the agreement met all the statutory requirements for approval and granted the application for its registration.

Consequently, the Fair Work Commission approved the PC Walls Pty Ltd Roy Hill AWU Greenfields Agreement 2013, registering it as a certified agreement under the Fair Work Act. This decision ensures that the terms and conditions set out in the agreement are legally binding and enforceable.

PC Walls Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established